We were matched with a child a few weeks ago. They are with CPS / DFPS and legal risk. The flow of information has been slow because of the child's situation. The hearing for termination of parental rights is set for July. From what we understand it is highly likely that the rights will be terminated at that time as there has been frequent drug related criminal activity / record, Dad is incarcerated, Mom violated probation and has not attempted to contact DFPS since the child was taken (and provided false contact details). In addition, the judge and attorney ad litem want to move the child into their permanent home quickly as they have moved around a lot with their parents and it is felt they need stability.

So, my question is when would we engage our own legal counsel? Can they have any impact on the termination hearing? Do we wait until the rights are terminated and we know that permanency is assured?

I would say the sooner the better. We are in an at-risk placement ourselves, only ours is a private placement. We would not have been able to get through the mess we've been through already without our attorney. In your case, it would be best to have that legal representation there just to make sure all of the bases are covered and to answer questions that I'm sure will come up. I understand that the burden of proof will be on the bio-parents in this case, but I would personally feel better if I had someone familiar with the system in my corner as well.

Honestly, I understand the desire to have an attorney you know and trust involved with this case, but as the 'matched' parents, you really have no say-so in this matter when it comes to the bd's termination of rights. His case is with the state, not you. An attorney might help you understand this process and stand by for later stuff, but from our experiences, this case stands with the state and they'll determine whether to terminate his rights (and those of bm as well if I'm understanding your post correctly).

It's hard to stand by and wait for the powers that be to do their thing, but---again, from our experiences-----the state wants to have full stage when dealing with such matters. Your part---by being the new parents to these children (which is still in the early stages at this point), isn't a big deal right now. If you'd had them in your home for awhile, or, if they were in the process of being moved to your home for permanency, that would be a totally different matter.

Mattmas' case is different because it's a private placement. When dealing with CPS and the state, the 'possibly to be parents' have little/no rights in this stage of the game.

I hope they terminate all parental rights. It needs to be done. Keep us updated!!!!!!

Sincerely,

Linny

_________________There is an instinct in a woman to love most her own child - and an instinct to make any child who needs her love, her own. ~Robert Brault

The child is with DFPS and was taken from the mother last October. The first foster placement failed and within a month the child was placed in the current foster home. We were matched at RAS with the child last month. The attorney ad litem and the court want the next move to be into a permanent foster to adopt home and have urged that it happen before the hearing to terminate parental rights in July. The child has moved many times with the mother and the feeling by all parties is that a stable home environment will be beneficial.

We will meet the child with DFPS, our case worker and the foster Mom tomorrow afternoon. Assuming all goes well we will continue with additional visits. There is little documented information of the child so we are hoping to meet as many people that have supported them since they came into care.

My wife spoke with a law firm yesterday who has experience of similar cases. They gave some good advise and will offer a free consultation once we are ready to move ahead.